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SB1879

Regular Session

Relating to the transfer of certain state property from the Texas Department of Criminal Justice to Walker County.

Low
Low Cost
Effective:2025-09-01
SB1879
Low
Relating to the transfer of certain state property from the Texas Department of Criminal Justice to Walker County.
Low Compliance Urgency
Requires routine attention
Cost Impact
Low
Effective
2025-09-01
Enforcing Agencies
Texas Department of Criminal Jus...
Primary Author: Sen. Charles Schwertner
89th Texas Legislature
jdkey.com
01

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

  • Effective Date: September 1, 2025.
  • Transfer Deadline: "As soon as practicable" following the effective date (Anticipate Q4 2025).
  • Utilization Deadline: September 1, 2035. (Walker County must actively "use" the property for a justice center by this date, or title reverts).
  • Agency Rulemaking: No formal rulemaking required. The "rules" will be codified in the Deed restrictions filed with the Walker County Clerk.

Immediate Action Plan

  • Immediate: Business development teams must map the metes and bounds in Exhibit A (FM 2821 and Smith Hill Road) to assess site viability for justice facility bids.
  • Q4 2025: Legal counsel for interested vendors must review the recorded Deed to confirm the exact language of the restrictive covenants before submitting proposals.
  • Long-Term: Project managers must treat 2032 as the practical deadline for substantial completion to allow a buffer for occupancy before the 2035 statutory cutoff.

Operational Changes Required

Contracts

  • Scope Restrictions: Master Service Agreements (MSAs) and construction contracts regarding this site must strictly limit the scope of work to "justice center" facilities. Inclusion of ancillary commercial space (e.g., retail leasing) creates a high risk of title forfeiture.
  • Performance Bonds: Contracts should include strict adherence to timelines. While the statutory deadline is 10 years, prime contracts should mandate completion well in advance to avoid triggering the reversion clause due to construction delays.

Hiring/Training

  • Business Development: Procurement teams for engineering and construction firms should monitor Walker County Commissioners Court agendas starting September 2025 for RFQs related to the FM 2821/Smith Hill Road site.

Reporting & Record-Keeping

  • Title Records: Title companies and legal counsel must ensure the Deed recorded in Walker County explicitly contains the reversionary clause favoring TDCJ.
  • Chain of Title: The property must be flagged in internal systems as "Fee Simple Determinable," not "Fee Simple Absolute."

Fees & Costs

  • No State Fees: The transfer is exempt from standard General Land Office (GLO) transaction fees.
  • Local Costs: Standard county recording fees apply.

Strategic Ambiguities & Considerations

The legislation leaves two critical terms undefined, creating legal exposure for contractors and the County:

  • 1. "Justice Center": The statute does not define what constitutes a justice center.
  • *Risk:* Does this include administrative offices for the DA, or only courts and jails?
  • *Guidance:* Contractors should advise against mixed-use developments. If the facility is not clearly a court, jail, or law enforcement office, it risks violating the statute.
  • 2. "Use": The law requires the county to "use" the property by the 10th anniversary.
  • *Risk:* It is unclear if "use" means breaking ground, substantial completion, or Certificate of Occupancy.
  • *Guidance:* Operate under the assumption that "use" means operational occupancy. Mere construction activity in 2035 will likely not satisfy the requirement to prevent reversion.

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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

02

Legislative Timeline

This bill's path through the Texas Legislature

Filed
Mar 4, 2025
Passed Senate
Apr 16, 2025
Passed House
Apr 29, 2025
Signed
May 13, 2025
TopicsWalker CountyCounty GovernmentCounty Government--land Use & ZoningProperty InterestsProperty Interests--real PropertyPublic Lands, Buildings & ResourcesState Agencies, Boards & CommissionsCriminal Justice, Texas Department of
03

Senate Authors

Sen. Charles SchwertnerRepublican · Primary Author

House Sponsors

Rep. Trey WhartonRepublican · Primary Sponsor
Joint Sponsors

Bill Text(with markup)

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

Related Legislation

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More from Sen. Charles Schwertner

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Related by Topic

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Quick Reference

Frequently Asked Questions

Common questions about SB1879

Q

What does Texas SB1879 do?

SB1879 mandates the transfer of 15 acres from the Texas Department of Criminal Justice (TDCJ) to Walker County, contingent upon the land’s development as a "justice center" by 2035. This legislation creates immediate procurement opportunities for construction and design firms but imposes a strict fee simple determinable title that reverts to the State if development deadlines or use-restrictions are violated. Implementation Timeline Effective Date: September 1, 2025.

Q

Who authored SB1879?

SB1879 was authored by Texas Senator Charles Schwertner during the Regular Session.

Q

When was SB1879 signed into law?

SB1879 was signed into law by Governor Greg Abbott on May 13, 2025.

Q

Which agencies enforce SB1879?

SB1879 is enforced by Texas Department of Criminal Justice.

Q

How urgent is compliance with SB1879?

The compliance urgency for SB1879 is rated as "low". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

Q

What is the cost impact of SB1879?

The cost impact of SB1879 is estimated as "low". This may vary based on industry and implementation requirements.

Q

What topics does SB1879 address?

SB1879 addresses topics including walker county, county government, county government--land use & zoning, property interests and property interests--real property.

Legislative data provided by LegiScanLast updated: November 25, 2025

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